Charging Tenants For “Move-Out” Damages
At the end of a residential tenancy, it is not uncommon for there to be disputes about any charges owed by the departing tenant. However, some landlords will try to charge exorbitant “move-out” fees, or to send a demand after the fact for ‘liquidated damages’ that the tenant allegedly owes. If you are intending to do this to a former tenant of yours, it is crucial that you follow the rules, lest you wind up in court. The right attorney can help you handle things appropriately.
Liquidated Damages Are Enforceable
In some cases, depending on the nature of a landlord-tenant rental agreement, the landlord does have the right to seek what are known as liquidated damages if the lease permits it. However, the language that makes this provision enforceable is very particular: if the tenant moves out without giving notice to the landlord, and the landlord has notified the tenant of the existence of a liquidated damages provision (and estimated the fees owed), that tenant will generally be liable for liquidated damages.
That said, a liquidated damages provision in a lease must have been agreed upon by both parties (and presumably was, if the lease was signed by both landlord and tenant). If a landlord simply decides to charge fees after a tenant moves out (or attempts to withhold the security deposit as payment for perceived damages done), the tenant may have a case against that landlord for the amount in question.
Be Aware Of Debt Collectors
It is possible to negotiate a settlement with a landlord if the relationship has not yet been poisoned beyond repair. However, if a landlord chooses to send the tenant’s alleged debt to collections, it introduces particular legal pitfalls for both tenant and landlord. While a collection for a debt fairly owed is one thing, a wrongful collection can actively damage the tenant’s credit report, which in turn can cause problems with future landlords, future employers, or in purchasing homes or cars.
Florida has a robust ecosystem to protect tenants, requiring collectors to verify the debt and send proof in writing to the alleged debtor, if asked. Florida’s Consumer Collection Practices Act (CCPA) also prohibits harassment, misleading statements or otherwise using unethical or illegal means to get a debt paid, so while the debt is being disputed, a tenant is legally protected from mistreatment. If a landlord chooses to push the proverbial envelope, the tenant has the right to bring suit over what they have been through.
Contact A Tampa Landlord-Tenant Attorney
Landlord-tenant disputes can be difficult to navigate, particularly when each party has their own version of the facts, and especially particularly when money is involved. A Tampa landlord-tenant attorney from the Seward Law Office can protect your rights as you try to work out an agreement that is beneficial to all involved. Call our office today at 813-252-6789 to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.575.html
